301-310 of 367 results
Productivity Commission - third party litigation funding and contingency fees
The Productivity Commissions draft report on its inquiry into Australias system of civil dispute resolution has now been released The comprehensive review focuses on ways to constrain costs and promote access to justice One of the areas the Productivity Commission is examining is Australias private ...
School chaplaincy program remains out of bounds of federal power
In a decision that has potential implications for a raft of Federal Government programs the High Court held that legislation passed to authorise hundreds of government funding arrangements is invalid insofar as it relates to the national schools chaplaincy program The decision once again confirms ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Important clarifications of Australian trade mark registrability
Two recent trade mark cases have widened the field of marks that are potentially registerable in Australia on the basis that those marks are inherently adapted to distinguish. ...
New opportunities for charities as 'directness' requirement ruled out
The Federal Court has recently ruled that there is no requirement for a public benevolent institution to provide direct relief to people in need Its interpretation of the expression public benevolent institution theoretically has the potential to expand eligibility well beyond traditionally accepted ...
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...
Costs decisions of the Queensland P&E Court - the year in review
In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...
Can you make a supply merely by tolerating something?
In an important ruling the High Court has decided that a purchaser of leased premises will make a supply of the leased premises when after completion the purchaser observes its express obligations under the lease The decision provides much-needed certainty for vendors and purchasers of leased ...
Contract Law Update 2014
Our Contract Law Update provides an overview of important contract law decisions by Australian appellate courts in the past 12 months and considers their significance for the development of Australian contract law ...
Will deductions by employees for home to work travel fly?
A recent Federal Court decision means 'fly-in fly-out' workers cannot claim tax deductions for the cost of transport to and from work. ...